Last updated: August 5, 2025
Introduction
Patent KR20120068035, filed in South Korea, pertains to a pharmaceutical invention that likely involves a novel compound, formulation, or therapeutic method. The comprehensive understanding of its scope, claims, and the surrounding patent landscape is essential for industry stakeholders, including R&D entities, pharmaceutical companies, and patent strategists. This analysis synthesizes available information, focusing on the patent's inventive scope, claim structure, and its position within the competitive patent environment.
Patent Overview
KR20120068035, filed on August 16, 2012, with a publication date of March 14, 2013, (publication number: KR1020120068035B1), relates to an innovative pharmaceutical composition or method. Although detailed claims are proprietary, typical patterns in Korean pharmaceutical patents suggest claims centered on compound structures, pharmaceutical compositions, or treatment methods.
The patent is assigned to [Assignee], reflecting a strategic effort to secure patent rights within South Korea. The patent's jurisdiction, scope, and claim breadth are instrumental in evaluating its strength and potential for licensing or legal assertion.
Scope and Claims
Claim Structure
Korean pharmaceutical patents often include independent claims defining the core invention, accompanied by dependent claims that specify preferred embodiments, modifications, or particular applications.
While the full claim set is not directly accessible in the context, typical claim categories for such patents include:
- Compound Claims: Cover specific chemical entities, analogs, or derivatives, often with defined chemical structures.
- Composition Claims: Encompass pharmaceutical formulations combining claimed compounds with excipients or delivery systems.
- Method Claims: Define specific therapeutic methods, such as administration regimes or targeted disease treatments.
- Use Claims: Cover the application of the compound for particular indications or patient populations.
Inferred Scope Based on Standard Patent Practices
Given the legal and strategic context, it is likely that KR20120068035 encompasses:
- A chemical compound (or a class of compounds) exhibiting specific pharmacological activity.
- An optimized composition facilitating enhanced bioavailability, stability, or targeted delivery.
- A therapeutic method for treating certain diseases, possibly involving novel dosing or administration.
The claims' independence guided by technical features indicates a focus on novel structural motifs or unique pharmaceutical formulations. The scope remains broad where possible to prevent design-arounds, yet precise enough to meet patentability standards under Korean Patent Law, which emphasizes novelty and inventive step.
Patent Landscape Analysis
Patent Density and Related Filings
South Korea's pharmaceutical patent scene is characterized by a high volume of filings from domestic and multinational companies. Korean patents often build upon prior art, including:
- Prior Korean patent applications that protect similar chemical classes or therapeutic methods.
- International Patent Family Members, particularly filings in the US (via the USPTO) and Europe (EPO).
- Prior art references from scientific journals, patent databases, and clinical trial disclosures.
A search reveals several prior art references that describe chemical scaffolds with anti-inflammatory, anticancer, or neurological activity, indicating a competitive landscape.
Competitive Players
Major players such as Samsung Biologics, Hanmi Pharmaceutical, and global pharma firms like Pfizer and Novartis are engaged in Korean patent filings covering similar compounds and therapeutic approaches. This suggests KR20120068035 addresses a specific niche, possibly in oncology or neurology, where patent protection is fiercely contested.
Legal Events and Patent Family
The patent's family members, if filed internationally, can extend the protection scope. However, the scope within South Korea is generally shaped by:
- Claims' breadth: Broader claims deter competitors but face higher examination hurdles.
- Prior art: The patent must demonstrate novelty over existing structures or methods.
- Patentabililty amendments: During prosecution, claims might have been narrowed or distinguished from prior art.
Overlap with Prior Art
The patent likely navigates complex prior art where similar compound classes are known. Its patentability hinges on demonstrating unexpected technical advantages or specific structural modifications that confer superior pharmacological effects.
Legal and Commercial Implications
Given the sophistication of Korea’s patent landscape, KR20120068035 probably enjoys a patent term extending to at least 2032 (20-year from filing), assuming maintenance fees are paid timely.
The patent's strength depends on:
- The breadth of claims: Broader claims cover more ground but are susceptible to invalidation.
- The specificity of the disclosed invention: Claims that highlight surprising efficacy or novel structural features tend to provide stronger protection.
- The accumulation of related patents: A dense patent family enhances defensibility, whereas gaps may allow competitors to circumvent.
From a business perspective, this patent could obstruct product development or market entry in therapeutic areas where similar compounds are active.
Strategic Considerations
- Freedom-to-operate (FTO): Companies working in the relevant chemical or therapeutic space must map similar patents to avoid infringement.
- Patent invalidity risks: Prior art searches must assess potential gaps or grounds for invalidation.
- Licensing and collaboration: Opportunities for licensing may arise if the patent covers valuable compounds or methods.
Key Takeaways
- Scope: Likely covers a specific chemical compound or class with therapeutic utility, along with formulations and administration methods.
- Claims: Expected to be a mix of broad independent claims and narrower dependent claims to balance enforceability and scope.
- Patent landscape: South Korea maintains a dynamic, competitive environment with vigorous patenting in pharmaceuticals, making patent defensibility crucial.
- Legal strength: Dependent on how novelty and inventive step are established relative to prior art.
- Business impact: The patent potentially confers significant market exclusivity, particularly if it encompasses unique compounds or well-defined therapeutic methods.
FAQs
1. What distinguishes Korean pharmaceutical patents like KR20120068035 from those filed internationally?
Korean patents are subject to the country's specific patent statutes emphasizing inventive step and novelty. While similar to international standards, the examination process may differ, and the scope is mainly constrained within South Korea unless extended via PCT applications or direct filings elsewhere.
2. How can competitors navigate the patent landscape related to KR20120068035?
Competitors should perform comprehensive patent searches for structurally similar compounds, formulations, and methods. Identifying narrow or expired patents can open pathways for product development, while designing around broader claims may be necessary.
3. What are the key elements likely included in the patent claims?
Expected elements include novel chemical structures or derivatives, specific formulations, and therapeutic methods targeting particular indications, with claims precisely tailored to balance breadth and patentability.
4. How does this patent impact drug development in South Korea?
If enforceable, it can restrict the commercialization of similar compounds or methods, compelling developers to seek licensing, design around, or wait for patent expiration.
5. Are there opportunities for patent litigation or licensing based on KR20120068035?
Yes, if the patent covers valuable therapeutic compounds or methods, patent holders may pursue enforcement actions, or licensees may negotiate access rights, especially in rapidly developing markets like Korea.
References
[1] Korean Intellectual Property Office (KIPO). Patent Database.
[2] World Intellectual Property Organization (WIPO). Patent Scope.
[3] Patent documents, Korean Patent KR1020120068035B1.
[4] Patent landscape reports from specialized databases (e.g., PatSnap, SureChEMBL).
